Your Claim Has Been Denied, Now What?

Hire an EXPERIENCED workers compensation attorney. The same fee is paid to every attorney under Minnesota law so why would you hire someone who only does some work comp defense or has only been out of law school for a few years? It makes no sense!

At Atkinson Law Office and Minnesota Disability Attorney Tom Atkinson will personally oversee your claim, puncutually returning your calls! When your claim is denied the ONLY way to get benefits paid is to initiate a claim by filing a Claim Petition.

A Claim Petition is a standard form that sets forth basic information about the employee’s claim for workers’ compensation benefits. The Claim Petition contains information about the employee, including his or her name, address, Social Security Number, date of birth, and date(s) of injury. It also lists the name of the employer(s) and insurer(s). The Claim Petition also sets forth the nature of the injury and the average weekly wage at the time of the injury. Finally, the Claim Petition lists the types of claims alleged, including Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), Permanent Partial Disability (PPD), Rehabilitation Benefits, and/or medical benefits.

The Claim Petition is filed with the Department of Labor and Industry, and copies of the Claim Petition are served on the employee, the employer, the insurer, and any third-party payors, such as major medical insurers. Notice to Potential Intervenors are often served along with the Claim Petition to any medical providers and any third-party payors.

A Claim Petition is generally filed when the employer and/or insurer is denying primary liability, meaning that they admit no responsibility for the injury. A Claim Petition is also filed when there is a claim for monetary benefits, such as Temporary Total Disability (TTD), Temporary Partial Disability (TPD), and/or Permanent Partial Disaiblity (PTD), even if the insurer admits primary liability. If an injured worker has settled his or her case on a full, final complete basis, leaving open future medical benefits, a Claim Petition may be used in some instances where there is a dispute over medical expenses.

Once your Claim Petition has been filed, the employer and/or insurer is generally required to file an Answer to the Claim Petition within 20 days. The employer and/or insurer is required to serve specific responses to the allegations in the claim petition. If an answer is not filed in a timely matter and/or an extension of time to answer is not requested, the employee may request that the matter be scheduled for an expedited hearing.

Typically, after the Claim Petition has been filed, the matter is scheduled for a Settlement Conference at the Office of Administrative Hearings. Prior to the Settlement Conference, if appropriate, the employee’s attorney will often submit a settlement demand to the attorney for the employer and insurer. The purpose of the Settlement Conference is to attempt to discuss the possibility of settlement. Some cases settle at the Settlement Conference, and some do not. If it appears that the parties have reached an impasse, and that further negotiations will not facilitate a settlement, the case may be referred to the Office of Administrative Hearings for the scheduling of a hearing. If either side needs additional information, if the case is not ripe for settlement discussions, or if the sides need additional time to negotiate, the Compensation Judge may also reset a Settlement Conference for a month or two in the future.

If the parties are unable to reach a settlement, the case will proceed toward a Hearing. In Minnesota workers’ compensation, a Hearing is the equivalent of a trial. At the Hearing, both sides will present evidence in support of their respective positions, and the employee will generally provide testimony. After all evidence has been heard, the Compensation Judge issues a decision, which is final and binding on the parties.

The entire process from the filing of the Claim Petition through a Hearing can take anywhere from six months to a year or more. In some instances your case can be expedited due to financial hardship. Let an attorney like Tom Atkinson personally assist you in determining whether your case could possibly qualify. You may reach him directly at 651-324-9514 or email at tom@mndisability. Also be sure to check our the Minnesota Disability and Atkinson Law Office web site at www.mndisability.com

I Received A Notice Of Intent To Discontinue My Benefits, Now What Do I Do?

Attorney Thomas Atkinson has authored numerous articles on the subject of the receipt of Notices of Intent to Discontinue (NOID) Workers Compensation benefits by injured workers in articles published in my blog and national publications such as The American Bar Association Journal and US Law Blog.

At Minnesota Disability and Atkinson Law Offices we believe that your receipt of a NOID signals the single most important time for injured workers to contact an attorney. You will NEVER be charged a fee for merely discussing this document. If you are an injured Walmart employee currently receiving wage loss benefits YOU WILL RECEIVE a NOID in your mailbox within the next few months guaranteed! When you receive the NOID you have very little time to act to preserve your right to receive ongoing wage loss benefits. These documents usual follow an “independent medical examination” or return to work slip obtained by pressuring a treating physician to return you work.

Remember that release you signed allowing the insurer to contact your health care providers, well the “nurse case manager” employed by the insurance company earns his/her job by getting you released finished with treatment and returned to work as fast as they can. You should NEVER allow a nurse case manager to assist with your file. They have no right to interfere with your doctor/patient relationship.

As soon as the Notice of Intent to Discontinue Benefits arrives in your mailbox you need to contact an experienced workers compensation attorney who limits their practice to workers compensation matters. Tom Atkinson has the number of the Minnesota Department of Labor employee who sets conferences to contest NOIDs on the speed dial of his phone! Tom will arrange for an expedited conference to your discontinuance action immediately. Contact Tom Atkinson at 651-324-9514 or email me at tom@mndisability.com Feel free to visit my website at www.mndisability.com

What Do You Do When Injured On The Job At Wal-Mart?

You have been injured at Walmart, now what do you do? The answer is get an attorney as fast as possible for free legal advice.

Wal-Mart is essentially self insured in the workers compensation area except in a few states where such practices are prohibited. When you file a claim, you are referred to CMI, Inc. CMI is actually a division of Wal-Mart who's employees are paid by Wal-Mart. In those states where CMI is not the carrier, the insurance company hires CMI, Inc. as a third party administrator to handle the claims. What it boils down to is that Wal-Mart has complete and total control of all claims.

In Minnesota Workers Compensation cases, you will be encouraged to get liberal work releases from you doctor or chiropractor which often delay your recovery. You may be told you need to strictly adhere to your "restrictions" but if a manager or supervisor instructs you to perform job duties outside the restrictions you will run into problems. If you don't follow your supervisor there are obvious ramificaitons and if you follow your supervisor YOU may be disciplined for failing to follow proper safety procedures. Sounds unfair doesn't it?

The other very important factor is that you may be elegible for a QRC or qualified rehabilitation counselor to assist you with returning to work and accompanying you to your doctors appointments. YOU, not Walmart have the right to chose the QRC. However, Walmart will chose the QRC for you and if you don't object within 60 days, you are stuck with who they chose. Sometimes these QRCs do NOT act neutral but rather push your doctors to return you to work before you are ready to do so. If you have a new injury and were just assigned a QRC contact our office TODAY.

There is NEVER a fee unless you recover a benefit and in many situations our fees are paid by Walmart (now that is good news for once). Contact attorney Thomas Atkinson at 651-324-9514 today or email him at tom@mndisability.com You may also visit our website at www.mndisability.com



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